Terms of service

GENERAL CONDITIONS OF SALE: BODYCHECKUP
 
PREAMBLE
The sites Bodycheckup.com, Bodycheckup.fr And Bodycheckup.com are operated by the company BodyCheckup, a simplified joint-stock company with capital of €1,000, registered in the Nanterre Trade and Companies Register under number 940 821 895, whose registered office is located at 32 Rue de Paris 92100 Boulogne Billancourt and represented by its President, Mr. Fabrice Nouel.

The Website is hosted by the company  Shopify International Limited, a private company limited by shares, incorporated in Ireland under registration number 560279, whose registered office is at 2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (VAT number IE 3347697KH)

I/ ACCEPTANCE OF THE CONDITIONS OF USE

By using the Service, you represent and warrant that you are at least 18 years old and expressly agree to these Terms.
Use of the Service by anyone under the age of 18 is expressly prohibited.
Changes may be made to these Terms from time to time. Your continued use of the Service will be deemed acceptance of the amended or updated terms. If you do not agree to any of these terms, please do not use the Service.

II/ DESCRIPTION OF SERVICES

BodyCheckup provides a range of generic food supplements for self-service on its Site.
The company also offers tailor-made dietary supplements based on analyses of intestinal, vaginal, oral and skin microbiota.

Home tests of the intestinal, vaginal, oral and cutaneous microbiota have in common that they allow, based on a metagenomic analysis of the DNA of the microbiota, to assess the loss of bacterial diversity as well as deficiencies in good bacteria.

This exploratory assessment is intended for anyone seeking to assess their microbiota, whether to help prevent potential chronic diseases, help resolve certain digestive conditions or simply maintain their well-being through a rebalancing of bacteria.

III/ MICROBIOTA TESTS

A/ Process
Using the box received, you take the samples using the kits received.
A user manual and demonstration videos are provided and you can contact us at any time if necessary.
Samples must be returned in a pre-paid envelope via UPS.
In order to be able to use the services you agree to  :
Carefully read and strictly follow the sample collection instructions and shipping guidelines provided in the receipt box and return the collected samples within the specified timeframe using the UPS return envelope.

Sample submission policy, sample collection instructions, and all shipping guidelines are provided with the kits.  You are expected to read and comply with the terms of these instructions.

B/ Test results
Following the tests, BodyCheckup doctors will send you a comprehensive report within 2 to 4 weeks, detailing personalized dietary advice and possible prescriptions for dietary supplements.

C/ Confidentiality
Your sample data will be recorded anonymously on BodyCheckup's secure cloud servers with industry-standard privacy and security guarantees.
The data is archived as follows:  :
– 30 years concerning patient data,
– 15 years for research data,
– 5 years for exchanges via contact form and the DPO
– 3 years for personal data contained in protocols and analysis requests

These data are used to generate broad population-level analyses. 

D/ Waiver
By providing, processing, accessing your sample or providing self-reported information to BodyCheckup, you acknowledge that you do not own any rights or title to any research, study or commercial product developed by BodyCheckup or its partners.
You expressly agree that you will not receive any compensation for commercial products resulting from samples or information you provide in connection with research, studies or participation in studies, and you waive any rights or claims with respect thereto.
Biological samples, once submitted for testing and analysis, are irreversibly processed by BodyCheckup and its partners. They cannot be returned, and no refunds will be given for kits once the samples have been sent for processing.

E/ Replacement of the analysis kit
At the request of a customer, BodyCheckup may ship a new kit in the event of damage or defect, provided that the cause of the replacement is solely attributable to BodyCheckup (for example, a defective sample requiring resampling or a damaged kit).
BodyCheckup may charge a kit replacement fee of up to €40 for any replacement not attributable to an error in its part. In addition, shipping charges may apply.

 IV/ FOOD SUPPLEMENTS

The use of dietary supplements requires special attention.
It is advisable to consult a healthcare professional before any use, especially if you are facing health problems, following a specific diet, are pregnant, undergoing medical treatment or if you are practicing intense physical activity.

These products are food supplements and not medicines and do not replace a varied and balanced diet.

BodyCheckup declines all responsibility in the event of inappropriate use or use of the products that does not comply with the instructions.

V/ CONDITIONS OF ACCESS TO SERVICES

By using our services, you acknowledge the following:
-          BodyCheckup does not provide any diagnosis, medical advice, or medical treatment through its services. Only licensed physicians can interpret tests and make diagnoses.
-          Suspicions of chronic diseases and possible treatments must be confirmed and supplemented by specific medical tests.
-          You warrant that any sample you provide to BodyCheckup is your own. If you agree to these terms for a minor or a person under your legal authority, you confirm that the sample will be theirs.
-          If you are outside France, Belgium or the UK and are providing a stool, saliva or blood sample, you confirm that this is not subject to export restrictions or prohibitions in your country.
-          You agree to the transfer and/or processing of any sample you provide outside your country of residence.
-          BodyCheckup assumes no liability for data loss due to server outages or catastrophic events.
-          You are responsible for the potential consequences of sharing your test results and information with others.
-          You agree not to send your sample if you believe you have an infectious or communicable disease.
-          You have the permission of your loved ones to disclose information about you and them.
 
In the event of a violation of these statements, BodyCheckup reserves the right to terminate your account and refuse any future service.
 
VI/ RISKS RELATED TO THE USE OF THE SERVICE
By using our services, you acknowledge the potential risks associated with the use of kits and sample collection for BodyCheckup and its partners:
-          Discomfort or embarrassment during sample collection.
-          Possible reactions in case of known allergy or sensitivity.
-          Health problems that may not improve or may worsen.
-          Survey questions that may cause discomfort.
-          Results that can generate strong emotions.
-          Risk of unauthorized disclosure of data despite security measures.
-          Possibility that the results require medical monitoring and medical tests resulting in remaining costs at your expense.
-          Risk of discovering information that may cause worry or anxiety.
-          BodyCheckup does not cover injuries resulting from sample collection.
-          The recommendations provided may not be beneficial and could worsen medical conditions.
-          Other unknown risks associated with the use of the services.
-          Preservatives in kit tubes may pose health risks  ; you must follow the instructions in case of misuse.

VII/ WARNING
THE INFORMATION INCLUDED IN THE KITS IS NOT INTENDED TO REPLACE THE RELATIONSHIP YOU HAVE WITH YOUR DOCTOR OR ANY OTHER HEALTH PROFESSIONAL.
BEFORE INITIATING, STOPPING OR MODIFYING ANY TREATMENT OR MEDICATION, IT IS IMPERATIVE TO CONSULT YOUR DOCTOR.
THIS SERVICE IS GENERAL IN FORM AND IS NOT INTENDED TO SERVE AS A SUBSTITUTE FOR A MEDICAL EXAMINATION, PROFESSIONAL MEDICAL ADVICE, MEDICAL OPINION, DIAGNOSIS, OR SPECIFIC TREATMENT FOR YOUR HEALTH.
IT IS STRONGLY RECOMMENDED THAT YOU ALWAYS SEEK ADVICE FROM QUALIFIED AND REGULATED HEALTHCARE PROFESSIONALS FOR ANY QUESTIONS RELATING TO A SPECIFIC MEDICAL CONDITION THAT MAY AFFECT YOU.
IT IS ESSENTIAL NOT TO DELAY OR NEGLECT SEEK MEDICAL ADVICE BECAUSE OF INFORMATION READ OR CONSULTED WHILE USING THIS SERVICE. YOUR RELIANCE ON ANY INFORMATION PROVIDED BY THE SERVICE IS YOUR ENTIRE RESPONSIBILITY, AND YOU ASSUME THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SERVICE AND THE INFORMATION IT PROVIDES.

VIII/ CONCLUSION OF THE ONLINE CONTRACT 

You will need to follow a series of specific steps to be able to place your order:
- Product choice
- Indication of your personal data
- Acceptance of these General Conditions of Sale.
- Checking the order elements and, if necessary, correcting errors.
- Follow-up of payment instructions, and payment for products.
- Delivery of products.
You will receive an email confirmation of payment for the order, as well as an order acknowledgment confirming it.
Delivery will be made to the address indicated. For the proper execution of the order, you agree to provide accurate and truthful identification details.
Payment is due immediately upon ordering.
Secure online payment by credit card is handled by our payment service provider. The information transmitted is encrypted using state-of-the-art technology and cannot be read during transmission over the network.
Once payment is made, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing your banking information during the sale, you authorize us to debit your card for the amount corresponding to the price indicated. You confirm that you are the legal holder of the card to be debited and that you are legally entitled to use it.
In the event of an error, or if it is impossible to debit the card, the Sale is immediately terminated and the order cancelled.

IX/ PRESENTATION OF PRODUCTS

In accordance with current regulations, all essential information concerning our products (characteristics, prices) is available on our site.

We make every effort to keep Product availability information up to date on the Site. Therefore, generally speaking, only Products that are available and in stock can be ordered. However, if an ordered product is unavailable, we will inform you as soon as possible and offer you either a delivery delay or a refund.

X/ PAYMENT TERMS

The total price of your order, expressed in euros and including VAT, is clearly displayed before validation. Secure payment is made online by credit card via our service provider Shopify Payments. Your banking information is encrypted and never passes through our systems.
The Company does not have access to confidential information relating to the means of payment used by the latter, even if the Client chooses to save his payment data on the payment module of the Website.
If there is a payment problem, you will be notified by email. Electronic records in our systems are the sole record of all transactions.

XI/ DELIVERY OF YOUR ORDER

Delivery conditions

Delivery address
Deliveries are made to the address indicated by the Customer when confirming their Order, in accordance with the delivery method selected.
Deliveries of Products ordered on the Website are possible in the following territories: mainland France and all European countries.
If the delivery address is not located in the areas covered by the Company, this information will be automatically communicated to the Customer on the Site.

Delivery times
Delivery times are specified at the time of the Order and depend on the availability of the products as well as the delivery method chosen by the Customer.
These times are expressed in working days (Monday to Friday, excluding public holidays) and include preparation and delivery time.
The period begins to run from the confirmation of the Order by the Company.

Delivery costs
Delivery costs are included in the Total Price of the Order. They are clearly indicated to the Customer before the final validation of the Order so that they can consult and accept them.

Transfer of risks and verification of products
The risks associated with the Products are transferred to the Customer upon receipt.
It is the Customer's responsibility to check the condition of the packaging and the delivered Products upon receipt. In the event of damage, the Customer may make reservations or refuse the package if it is seriously damaged.
In the event of non-conformity, loss or deterioration of the Products due to transport, the Customer must report the incident promptly to the Company by e-mail: contact@bodycheckup.com

Limitation of liability
The Company shall not be held liable for any delay or failure to deliver if this is caused by:

• An error or omission in the delivery information provided by the Customer at the time of the Order.
• A case of force majeure beyond the control of the Company.
  
  

XII/ REIMBURSEMENT
In the event of dissatisfaction with a product, BodyCheckup undertakes to refund the product excluding shipping costs within 90 days of purchase.
To get a refund, simply send an email to contact@bodycheckup.com en specifying the reason for dissatisfaction.

BodyCheckup will offer tailored support to find a solution that will satisfy you.

This offer is limited to:
- a single product
- a home 
- once a year 

XIII/ WITHDRAWAL PERIOD
In accordance with Article L. 121-20 of the Consumer Code, "the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to provide reasons or pay penalties, with the exception, where applicable, of return costs." "The period mentioned in the preceding paragraph runs from the receipt of the goods or the acceptance of the offer for the provision of services."
The right of withdrawal may be exercised by contacting the Company by email or telephone. If the right of withdrawal is exercised within the aforementioned period, only the price of the product(s) purchased and the shipping costs will be refunded; the return costs remain the responsibility of the Customer. Product returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be resold as new; they must, if possible, be accompanied by a copy of the proof of purchase.

XIV/ INTELLECTUAL PROPERTY RIGHTS 

The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of Body Checkup.
No transfer of intellectual property rights is made through these T&Cs. Any total or partial reproduction, modification or use of these assets for any reason whatsoever is strictly prohibited.

XV/ FORCE MAJEURE

The performance of the seller's obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance. The seller shall notify the customer of the occurrence of such an event as soon as possible.

XVII/ APPLICABLE LAW 

These Terms are governed by and construed in accordance with the laws of France. You and we agree to submit to the non-exclusive jurisdiction of the French courts.

XVI/ GDPR AND PROTECTION OF PERSONAL DATA

In accordance with European regulations on the protection of personal data, you have the right to query, access, modify, oppose, and rectify your personal data. By agreeing to these general terms and conditions of sale, you consent to our collection and use of this data for the performance of this contract.